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SOCIAL RELIGIOUS CHANGES OF EAST JAVA PEOPLE IN THE INDEX OF TOLERANCE ANALYSIS Muhammad Lukman Hakim; Indah Dwi Qurbani; Abdul Wahid
Jurnal Sosiologi Agama Vol 15, No 2 (2021)
Publisher : Program Studi Sosiologi Agama Universitas Islam Negeri Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/jsa.2021.152-06

Abstract

The author looks at the inverse social reality looking at Indonesia’s rankings. In fact, in 2009, Indonesia was classified as a country with full freedom. Saiful Mujani (2019) believes that the decline in freedom in Indonesia is strongly related to religious or minority intolerance. Researchers see in East Java there are still cases related to acts of tolerance. The study applies Van Der Walt’s model for religious tolerance (2014) which has seven key indicators, those (a) minimizing religious differences, (b) inclusivity, (c) exclusivity and selfishness, (d) openness to change, (e) faith and respect for others, (f) religious beliefs, and (g) recognizing the freedom of others. The data for this study was collected by conducting surveys in 38 regions in East Java. The number of survey respondents was 402 and the study found that the level of religious tolerance in East Java in 2020 was 73.9 (out of 100). This is proof that religious tolerance in East Java is categorized as “good”. The highest score is on the first indicator which is 82 and the lowest score is on the sixth indicator which is 63.4. This finding is expected to be a government policy recommendation for its development program in East Java. 
The Urgency Of The Formation Of Village Regulations Concerning Customary Institutions In Creating Legal Protection For The Adat Community Of Ngadisari Village Sukapura Sub-District Probolinggo District Indah Dwi Qurbani; Muhammad Lukman Hakim; Tunggul Anshari S.N
Constitutionale Vol. 1 No. 2 (2020)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (666.263 KB) | DOI: 10.25041/constitutionale.v1i2.2119

Abstract

The existence of customary institutions in the village is important because it has a duty to assist the Village Government and as partners in empowering, preserving and developing customs. The Village Customary Institution can occupy its rank with official recognition from the Government through a Village Regulation. Ngadisari Village was chosen as the object of this research because it has its own uniqueness, this village has indigenous people who are still strong in maintaining the traditions of their ancestors' heritage. Meanwhile, Ngadisari village also has a customary institution that carries out customary functions and is part of the original village structure that grows and develops on the initiative of the village community. The research method used is a type of empirical research and using sociological approach. The order of village regulations regarding customary institutions in order to make Adat Institutions as an alternative to dispute resolution, maintain local culture and play a role in village development. In addition, this formalization effort is also needed to maintain the existence of customary villages, provide legal protection and help cooperation between traditional village institutions of Ngadisari and other village customary institutions. This is in accordance with the duties of the customary institutions in Permendagri Number 18 of 2018 concerning Village Community Institutions and Village Traditional Institutions.
THE EXISTENCE OF PANCASILA IN RESOLVING CONFLICTS OF DIFFERING VIEWS ON RELIGIOUS RIGHTS IN INDONESIA Herlindah Herlindah; Indah Dwi Qurbani; Dorra Prisilia
Diponegoro Law Review Vol 7, No 2 (2022): Diponegoro Law Review October 2022
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.7.2.2022.212-229

Abstract

This research investigates how Pancasila (the Five Principles) could serve as an equilibrium in regulating the freedom of religion in Indonesia and how these five principles could negotiate the concept of this freedom within the coverage of national Human Rights affected by western human rights related to the concept of the freedom of religions within the scope of Islam. The three different regulatory concepts regarding freedom of religion in Indonesia, constituting Islamic law, International Human Rights, and Particular Human Rights, have always sparked conflict unless these three concepts are accommodated by law.  The analysis was performed by employing the doctrine of margin of appreciation. This research reveals that Pancasila could serve as the fundamental of Indonesia in facilitating the freedom of religion. This research also employed a normative-juridical method, interdisciplinary, statutory, and conceptual approaches.
CLARITY OF REGULATORY OBJECTIVES REGARDING PRESIDENTIAL APPROVAL IN THE FORMATION OF MINISTERIAL / HEAD OF INSTITUTION REGULATIONS Marianus; Aan Eko Widiarto; Indah Dwi Qurbani
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 5 No 2 (2023): IJIERM Edition May
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v5i2.212

Abstract

As the holder of power in the administration of government based on the constitution, the president has set a new policy, namely regarding the mechanism for granting presidential approval to draft regulations of ministers or heads of institutions. With the birth of this arrangement, every policy of ministers or heads of institutions with certain criteria must obtain presidential approval before being determined. The mechanism carried out after harmonization has indirectly obscured the stage of forming laws and regulations that are prevalent today. With juridical normative research methods that use statutory, conceptual, and historical approaches, it was found that the arrangement for granting presidential approval actually brought back classic problems. The arrangement is harmonized with other regulations. There is vagueness in sentence formulation, use of words, terms, or phrases, which causes multiple interpretations. The arrangement also comes out of the national policy framework related to simplifying regulations promoted by the president himself. In its formation, there is also the possibility of the influence of bureaucratic political practices or competition among state administrative work units in finding alternative solutions to problems that arise in society.